§ 42-2025. Liens available only against individual units; consent necessary for mechanics' or materialmen's liens; removal of lien on unit and proportionate share of common area following judgment against other unit owners.

(a) Subsequent to establishment of a horizontal property regime as provided in this subchapter, and while the property remains subject to this subchapter, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created and enforced only against each unit and the percentage of undivided interest in the common areas and facilities appurtenant to such unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel or real property subject to individual ownership; provided, that no labor performed or materials furnished with the consent or at the request of a unit owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant to the provisions of § 40-301.01, against the unit or any other property of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the council of co-owners, the manager, or board of directors in accordance with this subchapter, the declaration or bylaws, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the provisions of § 40-301.01, against each of the units and shall be subject to the provisions of subsection (b) hereunder. Notice of said lien may be served on the person designated in conformity with § 42-2014(a)(7).